If someone is liable for your motorcycle accident, hold them accountable for your losses from the incident. Start by meeting with a motorcycle accident lawyer in Fayetteville. From here, you can review your legal options and decide if a personal injury claim or lawsuit is warranted.
In pain following a motorcycle accident? Call Shane! The legal team at Shane Smith Law has over 100 years of combined experience. We will use what we know to position you to get fair compensation for your motorcycle accident losses. Discuss your motorcycle collision case with a personal injury lawyer in Fayetteville from our team.
Why Now Is a Good Time to Proceed with a Motorcycle Accident Claim in Fayetteville
You feel frustrated about your motorcycle accident. If this incident is the result of someone else’s actions, you have the right to pursue compensation from the liable party. By choosing not to exercise this right, you may be responsible for all of your accident losses.
Have a motorcycle accident attorney in Fayetteville evaluate your case. Your lawyer can share FAQs and other legal resources regarding motorcycle collision claims. They can tell you what a claim entails and what it will take for you to be compensated for your losses. If you want to submit a claim, your attorney will help you do so in alignment with North Carolina law.
Shane Smith Law has earned dozens of positive client testimonials. If you’re unsure about whether you should file a motorcycling accident claim, we’re here to help. Contact us today, and we’ll answer any questions you have about motorcycle accident claims.
For a free legal consultation with a motorcycle accident lawyer serving Fayetteville, call (980) 246-2656
What to Expect If You File a Motorcycle Collision Claim
If you live in North Carolina and ride a motorcycle, you’re legally required to purchase insurance. Your motorcycle insurance protects you financially if you’re liable for an accident. Alternatively, if someone else is to blame for your motorcycle collision, you may ask their insurance company to cover your losses.
Your Fayetteville motorcycle accident lawyer can help you file your claim before the window in which you’re legally permitted to do so expires. According to North Carolina General Statute (GS) § 1-52, you may have three years from the date of your motorcycle accident and injuries to seek compensation from any liable parties.
A liable party’s insurance company may contest your claim. Fortunately, your personal injury attorney is familiar with insurance settlement tactics and the things that insurers will do to offer you less than what your case is worth. Depending on how insurance settlement negotiations go, your lawyer may encourage you to submit a personal injury lawsuit.
Fayetteville Motorcycle Accident Lawyer Near Me (980) 246-2656
Compensation Available to You in a Motorcycle Crash Lawsuit
Before you accept a settlement from an insurance company, consider the value of your motorcycle crash case. Personal injury lawyers want you to recover economic and non-economic damages for several reasons, such as:
- Pain and suffering
- Motorcycle repair or replacement costs
- Medical bills
- Lost wages
- Diminished earning capacity
If an insurance settlement offer doesn’t include these and other damages, it may be in your best interests to decline it. At this point, your lawyer can keep negotiating with the at-fault party’s insurer. Or, they can prepare your case for trial.
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How to Prove Liability for a Motorcycle Accident
Personal injury attorneys can teach you about negligence relative to your motorcycling crash case. Your lawyer may focus their argument on negligence, as doing so boosts the likelihood that they can compel a judge or jury to give you a favorable ruling.
To show that a liable party was negligent, your lawyer may highlight their duty of care. This is a legal obligation to avoid careless or reckless acts. For example, a motorist is required not to engage in distracted driving or other acts that can put others in danger. If they do, they may be considered negligent and held responsible for an accident.
Your attorney may also provide a judge or jury with pay stubs, medical bills, and other financial documents detailing your losses. These documents can help a judge or jury see how your losses from your accident are affecting you financially.
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What Contributory Negligence Can Mean to Your Motorcycle Accident Case
North Carolina has a contributory negligence rule that can dictate your motorcycle accident case results. With this rule, you can’t be in any way liable for your motorcycle crash and still recover damages from others involved in the incident.
The burden of proof for contributory negligence is defined by NCGS § 1‑139. In your case, the defendant will have to make it clear to a judge or jury that you’re partially responsible for your motorcycle accident to avoid paying damages.
Your lawyer may utilize witness statements, accident and police reports, photos from the scene of your motorcycle crash, and other evidence to support your case. If your attorney has a large collection of proof, it becomes incredibly difficult for the defendant to disprove your case against them.
Who Is at Fault for a Motorcycle Accident
A motorist who switches lanes without using their car’s turn signal, texts while driving, operates their vehicle while intoxicated, or commits other dangerous acts can cause an accident with a motorcyclist and be held liable for the incident. Outside of a driver, parties that could be liable for your motorcycle collision include:
- Motorcycle manufacturer
- Motorcycle parts manufacturer
- Mechanic
- Government entity
Your lawyer may look at traffic camera footage of your motorcycle collision and interview witnesses who saw your accident as they try to find out who’s liable for the incident. Once your attorney identifies any responsible parties, they can help you initiate your claim or lawsuit against them.
Our Fayetteville Motorcycle Accident Lawyer Wants You to Prioritize Your Recovery While We Take Care of All Aspects of Your Case
If you are interested in submitting a motorcycle collision claim or lawsuit, the team at Shane Smith Law can assist.
Allow a Fayetteville motorcycle accident attorney from our team to represent and advocate for you throughout your case proceedings. To learn more, request a free case consultation.
Call or text (980) 246-2656 or complete a Free Case Evaluation form
